|
THE MINISTER OF INFORMATION AND
COMMUNICATION
-----
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No.
38/2008/QD-BTTTT
|
Hanoi, June 17, 2008
|
DECISION
PROMULGATING
THE REGULATION ON JOINT PUBLICATION ACTIVITIES
THE MINISTER OF INFORMATION AND COMMUNICATION
Pursuant to the December 3. 2004 Publication Law and the Government's
Decree No. 111/2005/ ND-CP of August 26. 2005. detailing and guiding the
implementation of a number of
articles of the Publication Law;
Pursuant to the Government's Decree No. 187/ 2007/ND-CP of December 25. 2007.
defining the functions, tasks, powers and organizational structure of the
Ministry of Information and Communication;
At the proposal of the Director of the Publication Department,
DECIDES:
Article 1.- To promulgate together with this Decision the
Regulation on joint publication activities.
Article 2.- This Decision takes effect 15 days after its
publication in "CONG BAG" and replace; the Culture and Information
Minister's Decision No. 75/1999/QD-BVHTT of November 8,1999. promulgating the
Regulation on printing and distribution of publications.
Article 3.-The director of the Office, the director of the
Publication Department, directors of Information and Communication Services of
provinces and centrally run cities, directors of publishing houses and subjects
engaged in joint publication activities shall implement this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
MINISTER OF INFORMATION AND COMMUNICATION
Le Doan Hop
REGULATION
ON
JOINT PUBLICATION ACTIVITIES
(Promulgated together with the
Information and Communication Minister's Decision No. 38/2008/ QD-BTTTT of June
17. 2008)
Chapter I
GENERAL PROVISIONS
Article 1.- Joint publication activities
Joint publication activities
prescribed in this Regulation means a form of cooperation between a party being
a publishing house with a party being an author, author right owner, individual
possessing a business certificate of printing or distribution of publications,
and/or organization having the legal person status (below collectively referred
to as joint partners) in organizing the manuscript of. printing and
distributing, each publication.
Ankle 2.- Forms of joint publication activities
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 3.- Responsibilities of organizations and individuals
engaged in joint publication activities
Directors and editors-in-chief
of publishing houses shall take responsibility before law for their joint
publications: directors of printing establishments or heads of
publication-distributing establishments, and concerned joint parties shall take
responsibility before law for their joint publications.
Chapter II
SPECIFIC PROVISIONS
Section I. FOR PUBLISHING HOUSES AND JOINT PARTIES
Article 4.- Registration of publication plans
1. A publishing house publishing
a joint publication shall specify the name and address of its joint party when
registering its publication plan with the Publication Department. A publishing
house's joint publications must conform with its principles, objectives, and
functions and may be carried out after the registration of its publication plan
is certified by the Publication Department.
2. The Publication Department's
written certification of a publication plan is valid for implementation up to
December 31 of a plan year. When there is a change in the title of a joint
publication, or the name of the joint author or party, a publishing house shall
request the Publication Department in writing to certify such change. A
publishing house may decide on changes in the number of printed copies and shall
notify the Publication Department in writing of such changes.
Article 5.- Order of preparing joint manuscripts
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Before issuing a publication decision,
the director of a publishing house shall sign for approval the manuscript
(including covers) and information inscribed on a joint publication according
to Article 26 of the Publication Law.
3. The manuscript of a joint
publication to be sent to the press must be made into two copies (on paper or
other materials), one to be given to the joint party, the other to be filed at
the publishing house for comparison.
Article 6.- Principal contents of a joint publication contract
When undertaking joint publication
activities, a publishing house shall sign a contract with its party, which must
cover the following principal contents:
1. Form of joint publication as
prescribed in Article 2 of this Regulation:
2. Purposes of joint
publication, scope of distribution;
3. Specific obligations and
rights of the joint parties:
4. Commitment on copyright:
5. Responsibilities of the joint
parties when breaching the contract or violating the publication law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
After a joint publication is
printed, a publishing house shall:
1. Read to check its content:
2. Deposit it according to
Article 3 of the Regulation on depositing publications promulgated together
with the Culture and information Minister's Decision No. 102/2006/QD-BVHTT of
December 29,2006;
3. Ten days after the date of
depositing a publication, the director of a publishing house shall sign for
distribution on two copies of the publication, one filed at the publishing
house, the other given to the joint party.
Article 8.- Responsibilities of joint parties
1. To sign a contract with a
publishing house for each joint publication:
2. To observe the contract
signed with the publishing house;
3. After the printing is
completed, to give the publishing house a quantity of publication copies as
specified in the contract;
4. Only to distribute a joint
publication after the publishing house director signs for distribution.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 9.- Conditions for printing a joint publication
When signing a contract to print
a joint publication, a printing establishment must comply with the following
provisions:
1. Only to sign a printing
contract with the director of a publishing house or a person authorized in
writing by the director. Papers required for signing a printing contract
comprise:
a/ A letter of authorization
signed by the director of a publishing house (specifying the name, title,
address and identity card number of the authorized person);
b/ The (original) publication
decision of the publishing house director:
c/ The manuscript to be sent to
the press approved by the publishing house director.
2. The number of printed copies
of a joint publication specified in the printing contract must no: exceed that
stated in the publication decision.
3. A printing contract shall be
signed according to the law on contracts.
Article 10.- Further printing of a joint publication
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Section III. FOR PUBLICATION-DISTRIBUTING ESTABLISHMENTS
Article 11.- Conditions for distributing a joint publication
A distribution establishment may
distribute a joint publication only when fully meeting the following conditions:
1. Having papers certifying the
origin of a joint publication according to law;
2. The joint publication is
fully inscribed with information prescribed in Article 26 of the Publication
Law.
Chapter III
IMPLEMENTATION PROVISIONS
Article 12.- Handling of violations
When undertaking joint
publication activities, directors of publishing houses and printing
establishments, directors or heads of publication-distributing establishments
and joint parties who violate the Publication Law and this Regulation shall,
apart from taking responsibility according to their joint publication
contracts, be disciplined, administratively sanctioned or examined for penal
liability depending on the nature and severity of their violation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The Publication Department
shall guide the implementation of this Regulation and coordinate with
functional agencies in inspecting, examining, and handling violations of this
Regulation nationwide.
2. Information and Communication
Services of provinces and centrally run cities shall inspect and examine, or
coordinate with concerned agencies in inspecting, examining, and handling
violations of this Regulation in their localities.
3. In the course of
implementation, any arising problems should be promptly reported to the
Ministry of Information and Communication (the Publication Department) for
study and adjustment.
MINISTER OF INFORMATION AND COMMUNICATION
Le Doan Hop